h187779- u. s. customsand border protection（h187779——美国customsand边境保护）.doc

HQ H187779 February 23, 2012 CLA-2: OT:RR:CTF:TCM H187779 ARM CATEGORY: Classification and Origin under DR-CAFTA Tariff No: 1702./90.10/20; 1702.90.40 Roberto Tejada, President Caribbean Liquid Sugar, LLC 81 Doncaster Trail Rochester, NY 14586 RE: Eligibility of liquid sugar products for preferential treatment under the DR-CAFTA. Dear Mr. Tejada: This letter is in response to your request of June 2, 2011, in which you request a prospective ruling on the tariff classification and eligibility of certain liquid sugar products for preferential tariff treatment under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA). FACTS: The merchandise at issue is known as Nesugar, Nesugar Light 50% reduced calories and Nesugar Light 75% reduced calories. All three Nesugar products are cane sugar syrups produced in the Dominican Republic by acidifying, with tartaric acid, high purity sugar syrup. The finished products are packaged in 8 and 12 oz glass bottles. The Nesugar Light products contain an additional chemical named rebaudioside A, from China. The white refined sugar used to manufacture the syrup is obtained from Guatemala. The water used in the production is obtained from the Dominican Republic. The Invertase enzyme is a product of France, the tartaric acid is of U.S. origin. CBP Laboratory Report, N dated September 15, 2011, analyzing Nesugar, states, in pertinent part, the following: THE SAMPLE, A LIGHT BROWN VISCOUS LIQUID PACKAGED IN A PLASTIC BOTTLELABELED NESUGAR,FRUCTOSE AND GLUCOSE SYRUP,75% BRIX, LOT # 9210R2, CONTAINS 37.2% OF FRUCTOSE AND 39.5% OF GLUCOSE ON AN AS IS BASIS (45.5% OF FRUCTOSE AND 48.3% OF GLUCOSE ON A DRY BASIS). THE SAMPLE HAS A BRIX OF 76.7 (20 DEGREE C). THE SAMPLE DOES NOT CONTAIN ANY NON-SUGAR SOLUBLE SOLIDS. THE SAMPLE CONTAINS 18.2% OF WATER. CBP Laboratory Report, N dated September 15, 2011, analyzing Nesugar Light 75%, states, in